1 c9321798 2021-10-15 op THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
2 c9321798 2021-10-15 op LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
3 c9321798 2021-10-15 op CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
7 c9321798 2021-10-15 op "Contribution" means:
9 c9321798 2021-10-15 op a) in the case of the initial Contributor, the initial code and
10 c9321798 2021-10-15 op documentation distributed under this Agreement, and
12 c9321798 2021-10-15 op b) in the case of each subsequent Contributor:
14 c9321798 2021-10-15 op i) changes to the Program, and
16 c9321798 2021-10-15 op ii) additions to the Program;
18 c9321798 2021-10-15 op where such changes and/or additions to the Program originate from and are
19 c9321798 2021-10-15 op distributed by that particular Contributor. A Contribution 'originates' from
20 c9321798 2021-10-15 op a Contributor if it was added to the Program by such Contributor itself or
21 c9321798 2021-10-15 op anyone acting on such Contributor's behalf. Contributions do not include
22 c9321798 2021-10-15 op additions to the Program which: (i) are separate modules of software
23 c9321798 2021-10-15 op distributed in conjunction with the Program under their own license
24 c9321798 2021-10-15 op agreement, and (ii) are not derivative works of the Program.
26 c9321798 2021-10-15 op "Contributor" means any person or entity that distributes the Program.
28 c9321798 2021-10-15 op "Licensed Patents" mean patent claims licensable by a Contributor which are
29 c9321798 2021-10-15 op necessarily infringed by the use or sale of its Contribution alone or when
30 c9321798 2021-10-15 op combined with the Program.
32 c9321798 2021-10-15 op "Program" means the Contributions distributed in accordance with this
35 c9321798 2021-10-15 op "Recipient" means anyone who receives the Program under this Agreement,
36 c9321798 2021-10-15 op including all Contributors.
38 c9321798 2021-10-15 op 2. GRANT OF RIGHTS
40 c9321798 2021-10-15 op a) Subject to the terms of this Agreement, each Contributor hereby grants
41 c9321798 2021-10-15 op Recipient a non-exclusive, worldwide, royalty-free copyright license to
42 c9321798 2021-10-15 op reproduce, prepare derivative works of, publicly display, publicly perform,
43 c9321798 2021-10-15 op distribute and sublicense the Contribution of such Contributor, if any, and
44 c9321798 2021-10-15 op such derivative works, in source code and object code form.
46 c9321798 2021-10-15 op b) Subject to the terms of this Agreement, each Contributor hereby grants
47 c9321798 2021-10-15 op Recipient a non-exclusive, worldwide, royalty-free patent license under
48 c9321798 2021-10-15 op Licensed Patents to make, use, sell, offer to sell, import and otherwise
49 c9321798 2021-10-15 op transfer the Contribution of such Contributor, if any, in source code and
50 c9321798 2021-10-15 op object code form. This patent license shall apply to the combination of the
51 c9321798 2021-10-15 op Contribution and the Program if, at the time the Contribution is added by the
52 c9321798 2021-10-15 op Contributor, such addition of the Contribution causes such combination to be
53 c9321798 2021-10-15 op covered by the Licensed Patents. The patent license shall not apply to any
54 c9321798 2021-10-15 op other combinations which include the Contribution. No hardware per se is
55 c9321798 2021-10-15 op licensed hereunder.
57 c9321798 2021-10-15 op c) Recipient understands that although each Contributor grants the licenses
58 c9321798 2021-10-15 op to its Contributions set forth herein, no assurances are provided by any
59 c9321798 2021-10-15 op Contributor that the Program does not infringe the patent or other
60 c9321798 2021-10-15 op intellectual property rights of any other entity. Each Contributor disclaims
61 c9321798 2021-10-15 op any liability to Recipient for claims brought by any other entity based on
62 c9321798 2021-10-15 op infringement of intellectual property rights or otherwise. As a condition to
63 c9321798 2021-10-15 op exercising the rights and licenses granted hereunder, each Recipient hereby
64 c9321798 2021-10-15 op assumes sole responsibility to secure any other intellectual property rights
65 c9321798 2021-10-15 op needed, if any. For example, if a third party patent license is required to
66 c9321798 2021-10-15 op allow Recipient to distribute the Program, it is Recipient's responsibility
67 c9321798 2021-10-15 op to acquire that license before distributing the Program.
69 c9321798 2021-10-15 op d) Each Contributor represents that to its knowledge it has sufficient
70 c9321798 2021-10-15 op copyright rights in its Contribution, if any, to grant the copyright license
71 c9321798 2021-10-15 op set forth in this Agreement.
73 c9321798 2021-10-15 op 3. REQUIREMENTS
75 c9321798 2021-10-15 op A Contributor may choose to distribute the Program in object code form under
76 c9321798 2021-10-15 op its own license agreement, provided that:
78 c9321798 2021-10-15 op a) it complies with the terms and conditions of this Agreement; and
80 c9321798 2021-10-15 op b) its license agreement:
82 c9321798 2021-10-15 op i) effectively disclaims on behalf of all Contributors all warranties and
83 c9321798 2021-10-15 op conditions, express and implied, including warranties or conditions of title
84 c9321798 2021-10-15 op and non-infringement, and implied warranties or conditions of merchantability
85 c9321798 2021-10-15 op and fitness for a particular purpose;
87 c9321798 2021-10-15 op ii) effectively excludes on behalf of all Contributors all liability for
88 c9321798 2021-10-15 op damages, including direct, indirect, special, incidental and consequential
89 c9321798 2021-10-15 op damages, such as lost profits;
91 c9321798 2021-10-15 op iii) states that any provisions which differ from this Agreement are offered
92 c9321798 2021-10-15 op by that Contributor alone and not by any other party; and
94 c9321798 2021-10-15 op iv) states that source code for the Program is available from such
95 c9321798 2021-10-15 op Contributor, and informs licensees how to obtain it in a reasonable manner on
96 c9321798 2021-10-15 op or through a medium customarily used for software exchange.
98 c9321798 2021-10-15 op When the Program is made available in source code form:
100 c9321798 2021-10-15 op a) it must be made available under this Agreement; and
102 c9321798 2021-10-15 op b) a copy of this Agreement must be included with each copy of the Program.
104 c9321798 2021-10-15 op Contributors may not remove or alter any copyright notices contained within
107 c9321798 2021-10-15 op Each Contributor must identify itself as the originator of its Contribution,
108 c9321798 2021-10-15 op if any, in a manner that reasonably allows subsequent Recipients to identify
109 c9321798 2021-10-15 op the originator of the Contribution.
111 c9321798 2021-10-15 op 4. COMMERCIAL DISTRIBUTION
113 c9321798 2021-10-15 op Commercial distributors of software may accept certain responsibilities with
114 c9321798 2021-10-15 op respect to end users, business partners and the like. While this license is
115 c9321798 2021-10-15 op intended to facilitate the commercial use of the Program, the Contributor who
116 c9321798 2021-10-15 op includes the Program in a commercial product offering should do so in a
117 c9321798 2021-10-15 op manner which does not create potential liability for other Contributors.
118 c9321798 2021-10-15 op Therefore, if a Contributor includes the Program in a commercial product
119 c9321798 2021-10-15 op offering, such Contributor ("Commercial Contributor") hereby agrees to defend
120 c9321798 2021-10-15 op and indemnify every other Contributor ("Indemnified Contributor") against any
121 c9321798 2021-10-15 op losses, damages and costs (collectively "Losses") arising from claims,
122 c9321798 2021-10-15 op lawsuits and other legal actions brought by a third party against the
123 c9321798 2021-10-15 op Indemnified Contributor to the extent caused by the acts or omissions of such
124 c9321798 2021-10-15 op Commercial Contributor in connection with its distribution of the Program in
125 c9321798 2021-10-15 op a commercial product offering. The obligations in this section do not apply
126 c9321798 2021-10-15 op to any claims or Losses relating to any actual or alleged intellectual
127 c9321798 2021-10-15 op property infringement. In order to qualify, an Indemnified Contributor must:
128 c9321798 2021-10-15 op a) promptly notify the Commercial Contributor in writing of such claim, and
129 c9321798 2021-10-15 op b) allow the Commercial Contributor tocontrol, and cooperate with the
130 c9321798 2021-10-15 op Commercial Contributor in, the defense and any related settlement
131 c9321798 2021-10-15 op negotiations. The Indemnified Contributor may participate in any such claim
132 c9321798 2021-10-15 op at its own expense.
134 c9321798 2021-10-15 op For example, a Contributor might include the Program in a commercial product
135 c9321798 2021-10-15 op offering, Product X. That Contributor is then a Commercial Contributor. If
136 c9321798 2021-10-15 op that Commercial Contributor then makes performance claims, or offers
137 c9321798 2021-10-15 op warranties related to Product X, those performance claims and warranties are
138 c9321798 2021-10-15 op such Commercial Contributor's responsibility alone. Under this section, the
139 c9321798 2021-10-15 op Commercial Contributor would have to defend claims against the other
140 c9321798 2021-10-15 op Contributors related to those performance claims and warranties, and if a
141 c9321798 2021-10-15 op court requires any other Contributor to pay any damages as a result, the
142 c9321798 2021-10-15 op Commercial Contributor must pay those damages.
144 c9321798 2021-10-15 op 5. NO WARRANTY
146 c9321798 2021-10-15 op EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
147 c9321798 2021-10-15 op AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
148 c9321798 2021-10-15 op EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
149 c9321798 2021-10-15 op CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
150 c9321798 2021-10-15 op PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the
151 c9321798 2021-10-15 op appropriateness of using and distributing the Program and assumes all risks
152 c9321798 2021-10-15 op associated with its exercise of rights under this Agreement , including but
153 c9321798 2021-10-15 op not limited to the risks and costs of program errors, compliance with
154 c9321798 2021-10-15 op applicable laws, damage to or loss of data, programs or equipment, and
155 c9321798 2021-10-15 op unavailability or interruption of operations.
157 c9321798 2021-10-15 op 6. DISCLAIMER OF LIABILITY
159 c9321798 2021-10-15 op EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
160 c9321798 2021-10-15 op CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
161 c9321798 2021-10-15 op SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
162 c9321798 2021-10-15 op LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
163 c9321798 2021-10-15 op CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
164 c9321798 2021-10-15 op ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
165 c9321798 2021-10-15 op EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
166 c9321798 2021-10-15 op OF SUCH DAMAGES.
170 c9321798 2021-10-15 op If any provision of this Agreement is invalid or unenforceable under
171 c9321798 2021-10-15 op applicable law, it shall not affect the validity or enforceability of the
172 c9321798 2021-10-15 op remainder of the terms of this Agreement, and without further action by the
173 c9321798 2021-10-15 op parties hereto, such provision shall be reformed to the minimum extent
174 c9321798 2021-10-15 op necessary to make such provision valid and enforceable.
176 c9321798 2021-10-15 op If Recipient institutes patent litigation against any entity (including a
177 c9321798 2021-10-15 op cross-claim or counterclaim in a lawsuit) alleging that the Program itself
178 c9321798 2021-10-15 op (excluding combinations of the Program with other software or hardware)
179 c9321798 2021-10-15 op infringes such Recipient's patent(s), then such Recipient's rights granted
180 c9321798 2021-10-15 op under Section 2(b) shall terminate as of the date such litigation is filed.
182 c9321798 2021-10-15 op All Recipient's rights under this Agreement shall terminate if it fails to
183 c9321798 2021-10-15 op comply with any of the material terms or conditions of this Agreement and
184 c9321798 2021-10-15 op does not cure such failure in a reasonable period of time after becoming
185 c9321798 2021-10-15 op aware of such noncompliance. If all Recipient's rights under this Agreement
186 c9321798 2021-10-15 op terminate, Recipient agrees to cease use and distribution of the Program as
187 c9321798 2021-10-15 op soon as reasonably practicable. However, Recipient's obligations under this
188 c9321798 2021-10-15 op Agreement and any licenses granted by Recipient relating to the Program shall
189 c9321798 2021-10-15 op continue and survive.
191 c9321798 2021-10-15 op Everyone is permitted to copy and distribute copies of this Agreement, but in
192 c9321798 2021-10-15 op order to avoid inconsistency the Agreement is copyrighted and may only be
193 c9321798 2021-10-15 op modified in the following manner. The Agreement Steward reserves the right to
194 c9321798 2021-10-15 op publish new versions (including revisions) of this Agreement from time to
195 c9321798 2021-10-15 op time. No one other than the Agreement Steward has the right to modify this
196 c9321798 2021-10-15 op Agreement. The Eclipse Foundation is the initial Agreement Steward. The
197 c9321798 2021-10-15 op Eclipse Foundation may assign the responsibility to serve as the Agreement
198 c9321798 2021-10-15 op Steward to a suitable separate entity. Each new version of the Agreement will
199 c9321798 2021-10-15 op be given a distinguishing version number. The Program (including
200 c9321798 2021-10-15 op Contributions) may always be distributed subject to the version of the
201 c9321798 2021-10-15 op Agreement under which it was received. In addition, after a new version of
202 c9321798 2021-10-15 op the Agreement is published, Contributor may elect to distribute the Program
203 c9321798 2021-10-15 op (including its Contributions) under the new version. Except as expressly
204 c9321798 2021-10-15 op stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
205 c9321798 2021-10-15 op licenses to the intellectual property of any Contributor under this
206 c9321798 2021-10-15 op Agreement, whether expressly, by implication, estoppel or otherwise. All
207 c9321798 2021-10-15 op rights in the Program not expressly granted under this Agreement are
210 c9321798 2021-10-15 op This Agreement is governed by the laws of the State of New York and the
211 c9321798 2021-10-15 op intellectual property laws of the United States of America. No party to this
212 c9321798 2021-10-15 op Agreement will bring a legal action under this Agreement more than one year
213 c9321798 2021-10-15 op after the cause of action arose. Each party waives its rights to a jury trial
214 c9321798 2021-10-15 op in any resulting litigation.
